Supreme Court of North Carolina, 1977

State v. Brower & Johnson

Supreme Court of North Carolina · Decided September 12, 1977 · Exum

293 N.C. 259; 243 S.E.2d 143; 1977 N.C. LEXIS 924

Cases that cite this one

9 later published cases cite this decision.

State v. McLaughlin (N.C. 1988)
James Lewis Cole v. L. v. Stevenson, Superintendent and Attorney General of the State of North Carolina, Rufus L. Edmisten (4th Cir. 1980)
State v. Cobbins (N.C. Ct. App. 1984)
State v. Locklear (N.C. Ct. App. 1979)
State v. Jackson (N.C. Ct. App. 2011)
State v. McDonald (N.C. Ct. App. 2004)
State v. Stanton (N.C. 1987)
State v. Perry (N.C. Ct. App. 1984)
State v. Watson (N.C. Ct. App. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ORDER DENYING MOTION FOR RECONSIDERATION

INASMUCH as defendants did not assign as error on appeal the failure of the trial judge to place the burden of proving the absence of heat of passion or the absence of self-defense on the state, see State v. Brower & Johnson, 289 N.C. 644 (1976), they have waived their right now to complain about such errors. Hankerson v. North Carolina, --- U.S. ---, 53 L.Ed. 2d 306, 316, n. 8 (1977). Now, therefore, it is

ORDERED by the Court in Conference that defendants’ motion for reconsideration be and it is hereby denied.

This the 12th day of September, 1977.

James G. Exum, Jr. Associate Justice

For the Court

Case-law data current through December 31, 2025. Source: CourtListener bulk data.